(1) A subpoena must state the court's name and the title of the action, and command the
witness to attend and testify at the time and place the subpoena specifies. The clerk or
magistrate must issue a signed blank subpoena, or a signed blank subpoena for the
production of documentary evidence or objects, to the party requesting it, and that party must
fill in the blanks before the subpoena is served.

(2) The attorney for a party to any proceeding may issue a subpoena, or a subpoena for the
production of documentary evidence or objects, in the court's name. A subpoena issued by
an attorney has the same effect as a subpoena issued by the clerk or magistrate. The
subpoena must state the attorney's name, office address, and the party for whom the attorney
appears.

(b) Service. A peace officer or any nonparty who is at least 18 years old may serve a
subpoena. The server must deliver a copy of the subpoena to the witness and must tender to
the witness one day's witness attendance fee and the legal mileage allowance. The server
need not tender the attendance fee or mileage allowance when the prosecution or an indigent
party has requested the subpoena. Before the subpoena is served, a notice must be
served on each party.

(c) Place of Service.

(1) In North Dakota. A subpoena requiring a witness to attend a hearing or other proceeding
may be served anywhere within North Dakota.

(2) Witness Outside State. Service on a witness outside this state may be made only as
provided by law.

(d) Producing Documents and Objects. A subpoena may order the witness to produce any
books, papers, documents, data, or other objects the subpoena designates. The court may
direct the witness to produce the designated items in court before the adjudication or
disposition or before the items are to be offered in evidence. When the items arrive, the court
may permit the parties and their attorneys to inspect all or part of them.

(e) Subpoena for Deposition.

(1) Issuance. An order to take a deposition authorizes the clerk of court or a magistrate to
issue a subpoena for any witness named or described in the order.

(2) Place. After considering the convenience of the witness and the parties, the court may
order--and the subpoena may require--the witness to appear anywhere the court designates.

(f) Objection to Subpoena. A witness may object to a subpoena if compliance would be
unreasonable or oppressive. The objection must be received before the earlier of 24 hours
before the time specified for compliance or ten days after the subpoena is served. On motion,
the court may quash or modify the subpoena.

(g) Contempt. Failure by any witness without adequate excuse to obey a subpoena served
upon that witness may be a contempt of the court from which the subpoena issued.

(h) Information Not Subject to Subpoena. No party may subpoena a statement of a witness
or of a prospective witness under this rule. Rule 12 governs the production of a statement.